City of Newcastle - Section 138 Road Act

Section 138 Road Act

Apply for approval to carry out works on public roads, footpaths, nature strips, or road reserves.

Last updated on: 31 January 2026

In this article

Section 138 Roads Act Application
Application information
What you need to provide
Application fees
Submit application
Next steps
Time frames
Helpful links

Section 138 Roads Act Application

If you're not a public authority, you'll need approval under Section 138 of the Roads Act 1993 (NSW) to carry out any works or activities on, over or under public roads, footpaths, nature strips, or road reserves.

Classified roads

If the road you're planning to connect to or work near is not managed by City of Newcastle, you'll need to apply to the authority that does manage it, for example, Transport for NSW.
If the road is a Classified (State) Road (a major road like a highway or arterial route), you'll also need approval from Transport for NSW. This is called "concurrence", meaning Transport for NSW must agree to the proposed connection or work before it can be approved. The concurrence process can be managed by City of Newcastle, or you can obtain concurrence from Transport for NSW and provide evidence to us with your application.

Private roads

If the roadway you're planning to connect to or work near is a private road, such as an Open Accessway in a Community Title scheme, you do not need to obtain a Section 138 approval from City of Newcastle. You will need to obtain consent from the owner of the roadway, usually your Community Association.

Application information

Types of 138 works

Driveway crossover

Road openings

Public infrastructure

Private infrastructure

Standard drawings and manuals

Driveway inspections

The application fee includes two inspections:
pre-permit inspection
pre-pour inspection
A final inspection can be requested for an additional fee.
You don't need to be on site for inspections unless you'd like to be. We'll notify you of the outcome.
Appointments are available between 7.00am and 2.30pm.
Book your inspection at least 3 business days in advance.
Once booked, your appointment is not reconfirmed.
If the inspector is unable to attend, we'll contact you to reschedule.

Road opening restoration

Permit validity

What you need to provide

This section will help you prepare a complete application; however additional information may be requested after our initial review.

Site and/or construction plans

Driveway & road openings

Driveways:

If your application is linked to a Development Application (DA):

Provide one copy of the approved site plan, preferably with the CN approval stamp. The plan must be clearly labelled "Site Plan" (not another type of plan).
If you don't have a copy, we'll check our records to see if one is available.

If your application is for exempt or complying development:

Provide one copy of the proposed site plan

If you're reconstructing an existing driveway (not DA-related):

No site plan is required

Road openings:

Only the application form is required no plans needed

Private or public infrastructure

Contractor details & insurance

Owners consent

Owners consent is only required if you are applying for private infrastructure. It is not required for any other type of 138 covered by this form.

However, if you are the sole owner of the property and you are the one completing this form, you do not need to complete the owner's consent form.

Owner's consent is only required if:

You are not the sole owner, or
The property has multiple owners
In such cases, you must obtain consent by having all owners complete and sign the Owner's Consent form and include it with your application

Application fees

Application fees vary based on several factors. To get a quote, simply click the 'Apply Now' button below. You'll be guided through a few quick questions, and we'll provide a tailored fee estimate before you proceed.

Additional fees may apply following a full review of your application.

Submit application

Create or sign into your account

As part of the application process, you'll be prompted to register or sign in to your account.
Your account makes it easy to submit applications and requests, track their progress, view outcomes, and make payments all in one place.
You can find more information and step-by-step guidance on creating a registered user account, as well as access to support services, on our Registration Enquiry article.

Apply Now

Next steps

Shortly after submitting your application, you will receive an email confirming we've received it, along with a receipt for your application fees.
Once submitted, your application will be triaged and allocated to an assessing officer. If input from Transport for NSW is required, we will refer your application to them for comment.
Additional fees may apply depending on the type of application, particularly for public and private infrastructure proposals. An invoice will be issued to you for these fees.
Upon completion of the assessment process, your consent will be issued. Your consent will contain important information, such as when to call us to schedule an inspection and any subsequent approvals you may require.

Driveway permits

After your driveway construction is complete and the final inspection has been carried out, note that City of Newcastle does not issue a formal "Certificate of Approval" or "Certificate of Completion" for driveway works.

Instead, you will receive an email from the us confirming that:

The driveway meets council standards, and
The footway has been properly restored.

This confirmation serves as your official record that the works have been inspected and accepted.

Time frames

Driveway approvals typically take 4 weeks to process.
Road opening permits are typically issued within 1-3 days.
Public and private infrastructure approvals vary greatly, as work can range from relatively minor to extensive and complex.

Helpful links

Standard drawings register

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